Liu (Migration)

The Administrative Appeals Tribunal (AAT) considered the migration matter of Liu and another applicant. The applicants sought review of a decision concerning their Employer Nomination (Permanent) visa, Subclass 186 Employer Nomination Scheme. The core of the dispute revolved around whether the applicants were within the migration zone at the time their application for review was made.

The primary legal issue before the Tribunal was whether it possessed jurisdiction to hear the applicants' review application. This question turned on whether the applicants had made a "properly made" application under section 347 of the relevant migration legislation, which in turn depended on their physical location within the migration zone at the time of the application for review.

The Tribunal found, based on the Department's movement records, that the applicants were not in Australia at the time of the primary decision or at the time they lodged their review application. Consequently, the Tribunal determined that the applicants were not in the migration zone at the relevant times. As the application for review was therefore not properly made under section 347, the Tribunal concluded that it lacked jurisdiction to consider the matter. The Tribunal made no orders as it found it had no jurisdiction.